Holmes v. United States of America
CASE MANAGEMENT AND PRETRIAL ORDER (tdm, COURT STAFF) (Filed on 4/13/2009)
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA MONICA HOLMES, Plaintiff(s), v. UNITED STATES OF AMERICA, Defendant(s).
NO.C 08-5619 PJH
CASE MANAGEMENT AND PRETRIAL ORDER
Good cause appearing, the court hereby adopts the case management statement of the parties except as modified by the following:
TRIAL DATE: Monday, Jul 26,2010, at 8:30 a.m., Courtroom 5, 17th FI. JURY 0 COUR?[X] TRIAL LENGTH: No more than 4 days. PRETRIAL CONFERENCE DATE: July 1,2010, at 2:30 p.m. DISPOSITIVE MOTIONS (Only one summary judgment motion per party is permitted without leave of court) TO BE HEARD BY: March 24,2010. NON-EXPERT DISCOVERY CUTOFF: January 27,2010. DISCLOSURE OF EXPERTS (retained and non-retained) : 12/2/09; Rebuttal: 12/23/09. EXPERT DISCOVERY CUTOFF: January 27,2010. DISCOVERY LIMITA-TIONS: Interrogatories: Depositions: 12 Requests for Documents: Requests for Admissions:
DISCOVERY DISPUTES REFERREDTO MAGISTRATE JUDGE AFTER MO'TION IS FILED. LAST DAY TO AMEND PLEADINGS: no later than 90 days before fact discovery cutoff date a motion or a stipulation must be filed.
I] SETTLEMENT CONFERENCE with Magistrate Judge during,, or as soon thereafter as is convenient for the assigned judge.
[x] REFERRED TO ADR FOR Mediation to be completed within 90 days.
I] Certification of interested entities or persons (L.R. 3-16) to be filed in 10 days.
PRETRIAL INSTRUCTIONS A. PRETRIAL MOI'IONS
1. All dispositive motions are heard no later than 120 days before trial, unless leave of court is obtained for another deadline. 2. Only one summary judgment motion may be filed by each side, absent leave of court. Leave of court may be sought if multiple parties comprise one or both sides. Leave of court may be obtained by filing a motion for administrative relief pursuant to Civ. L. R. 7-11, or by requesting a case management conference or informal telephone conference. 3. Separate statements of undisputed facts in support of or in opposition to motions for summary judgment shall NOT be filed. See Civil L. R. 56-2. The parties may file a truly joint statement of undisputed facts only if all parties agree that the facts are undisputed. 4. The notice and memorandum in support of all motions shall be contained in one document. 5. Each party filing or opposing a motion shall also serve and file a proposed order which sets forth the relief or action sought and a short statement of the rationale of decision, including citation of authority that the party requests the court to adopt.
6. Chambers copies of each electronically-filed document must include on each page the runnin header created by 'the ECF system and must be delivered to the Clerk's Office by noon the ay following its filing.
7. Footnotes in briefs appearing in smaller than the 12-point font required for the text, will be stricken, see Civil L. R. 3-4(c)(2), as will footnotes that are so numerous as to be clearly designed to defeat the page limits found at Civil L. R. 7-2 - 7-4.
8. Motions pursuant to Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), challenging the reliabilit of expert testimony, may be noticed for hearing on the date dispositive motions will be hear or on any available hearing date up to and including the date of the final pretrial conference. Irrespective of the hearing date, the briefs shall be filed in accordance with Civil L. R. 7-2 - 7-5, on a 35-day briefing schedule.
9. Briefing schedules for motions that are specifically set by the court may not be altered by stipulation; rather the parties must obtain leave of court. 10. Motions in limine are limited to motions to exclude specific items of evidence on a ground and upon such authority as would be sufficient to sustain an objection to such ev~dence trial. The court will not generally consider a motion presenting a purely legal issue at in the guise of a motion in limine. 11. Discovery motions will be referred to a Magistrate Judge for resolution. 'The words "Discovery Matter" shall appear in the caption of all documents relating to di
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